They are paid from the estate before anyone inherits. Debts do not generally pass to your family personally unless they co-signed or held the debt jointly.
The Canadian position
The executor pays creditors before beneficiaries. Publishing a notice to creditors protects the executor from claims arriving after distribution.
A co-signed loan or joint credit card remains the surviving borrower's responsibility.
The Islamic position
Settling debts is a serious obligation and takes priority over both the bequest and the fixed shares. Classical texts treat an undischarged debt as a matter of real weight for the deceased.
Where the four schools stand
Agreed. The estate is worked through in four steps, in this order: (1) the cost of preparing, shrouding and burying the body; (2) the deceased’s debts; (3) any bequest, capped at one third of what is left after (1) and (2); and (4) the fixed shares of the heirs, out of the remainder. The Kuwaiti Encyclopaedia of Islamic Jurisprudence records the sequence itself as a point on which there is no disagreement among the jurists, and records debt-before-bequest as agreed by all of them — even though Surah an-Nisa names the bequest before the debt, the jurists read the order as debt first, because a debt is owed from the outset while a bequest is a voluntary gift. Two rankings inside this sequence are genuinely disputed and are researched separately: whether a debt secured on a particular asset outranks the funeral itself, and whether unpaid religious dues such as zakat or an unperformed hajj come out of the estate at all where the deceased left no instruction. Neither dispute disturbs the four-step order. We checked this point; the schools do not differ on it.
Shared evidence: Surah an-Nisa 4:11 — “after the fulfilment of bequests and debts” · Surah an-Nisa 4:12 — the same clause, twice more · Sahih Muslim 1206a — the pilgrim who died at ‘Arafah was washed and shrouded with no inquiry into his debts.
Researched finding from our madhhab register — issue debt-priority-order, reviewed 2026-08-19.
Full evidence and history: The order of payment out of an estate — the issue page.
What to do about it
- List all debts including any unpaid mahr.
- Publish a notice to creditors.
- Pay debts before distributing anything.
- Keep records — the executor may need to prove the order of payment.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Executor personally liable estate debts ontario — Treadstone Law
- Distributing estate beneficiaries ontario — Treadstone Law
- Who pays estate debts intestacy ontario — Treadstone Law
- Does a beneficiary have to pay estate debts ontario — Treadstone Law
- Wills & estates practice — Treadstone Law